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Fox News senior judicial analyst Judge Andrew Napolitano reacted on The Kelly File to revelations that a friend of Hillary Clinton's, then an undersecretary of state for John F. Kerry, offered a "quid pro quo" to an FBI agent to change the classification marking on a document accumulated in the Clinton email scandal investigation.
"An FBI agent who was in charge of handling documents...in the Clinton investigation was approached by Patrick Kennedy [not the former Rhode Island Congressman]-- he makes the offer--'can you change the markings on this document?'." Napolitano told Megyn Kelly.
"Markings on documents are changed all the time," Napolitano said, explaining that changes are made so that lower-level bureaucrats can read them if they have reason to.
"They are never... lawfully changed after they've been subpoenaed, and when they've been accumulated in a criminal investigation," he said.
The FBI agent reported the offer to his superiors, Napolitano said, and did not change the classification of the document.
"The offering of the carrot," Napolitano said, describing the quid pro quo, "[was] an attempt to commit bribery."
"The FBI didn't see it that way. They didn't charge him with anything...[but] the evidence is there in the FBI document...he offered [them] something of value if [they] would alter evidence. So, that's an offer to bribe."
Napolitano and Kelly said Kennedy likely wanted the document's classification changed so that it could not be used as part of the email investigation and "[Clinton] could not be blamed for exposing a national security secret."